Background information
- Date of decision: 23 March 2022
- Cross-border case or national case: National case
- Legal references: Article 31 GDPR(Co-operation with the supervisory authority), Article 58 (1) (e) GDPR, Article 58 (2) (i) GDPR, Article 83 (1-3) and (5) (e) GDPR (General conditions for imposing administrative fines)
- Decision: Administrative fine
- Key words: Administrative fine, Cooperation with the supervisory authority
Summary of the Decision
Origin of the case
The Polish SA received information from the election commissioner indicating that the proxy of the initiators of the municipal referendum on the removal of the municipal council before the end of its term of office had not submitted documents related to the referendum. The Polish SA, as part of the administrative proceedings, initiated an ex officio inquiry and requested detailed information from the proxy of the initiators of the municipal referendum.
Key Findings
The Polish SA requested detailed information from the proxy of the initiators of the municipal referendum. The letter was addressed to the residence address of the initiators’ proxy, as indicated by the election commissioner, and was received, but the proxy did not reply. The Polish SA again sent him another request for information. This letter, too, was received, but the supervisory authority did not receive a response to it, although the initiators’ proxy was informed of the consequences of failing to respond to the request of the supervisory authority.
Decision
In connection with the lack of response to the request for information, the Polish SA, finding that the referendum initiators’ proxy violated the provisions of GDPR by failing to cooperate with the supervisory authority in the performance of its tasks and failing to provide access to personal data and other information necessary for the performance of the supervisory authority’s tasks, imposed an administrative fine of nearly EUR 510.
For further information: PL: Decyzja DKE.561.18.2021
The news published here does not constitute official EDPB communication, nor an EDPB endorsement. This news item was originally published by the national supervisory authority and was published here at the request of the SA for information purposes. Any questions regarding this news item should be directed to the supervisory authority concerned.